The Hindu : National : Court declines early hearing of plea against Governors' removal

Online edition of India's National Newspaper
Wednesday, Jul 07, 2004

National

National

Court declines early hearing of plea against Governors' removal

By J. Venkatesan

NEW DELHI, JULY 6. The Supreme Court today declined to fix an early date for hearing a public interest litigation petition filed by a former BJP Member of Parliament challenging the dismissal of the four Governors of Uttar Pradesh, Goa, Haryana and Gujarat by the United Progressive Alliance Government on July 2.

A three-Judge, comprising the Chief Justice, R.C. Lahoti, Justice G.P. Mathur and Justice A.K. Mathur, told counsel for the petitioner — who ``mentioned'' for an early hearing — that there was no urgency in view of the fact that four new Governors had been appointed. The Bench, however, said that it would examine the matter when the petition was listed for hearing in the normal course.

The petition filed by B.P. Singhal, brother of the Vishwa Hindu Parishad leader, Ashok Singhal, assailed the sacking of the four Governors by the President on the recommendations of the Council of Ministers, as their tenure was not yet over.

"The action is in utter violation of law, against the convention, settled norms and parliamentary practices of this greatest democracy of the world. This unceremonious dismissal of the Governors is highly undemocratic and arbitrary and reminiscent of the days when Emergency had been promulgated in this country in 1975," he said.

He said the ostensible reason advanced by the Government was that the Governors were having affiliation to the RSS. The dismissal was illegal and unconstitutional and the Union Government had done this for political reasons.

In the interest of democracy and in the interest of general public, the Court should define the term `pleasure' of the President under Article 156 (1) of the Constitution, relating to the tenure of the Governor, because if such type of dismissals were permitted, then the provision of 156 (3) providing for a tenure of five years to a Governor would become wholly redundant. He sought quashing of the dismissal order and to direct the Home Secretary to produce the entire records.

Printer friendly page
Send this article to Friends by E-Mail

National